Texas 2009 - 81st Regular

Texas Senate Bill SB1313 Compare Versions

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1	1	By: Shapiro, et al. S.B. No. 1313
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the quality and accessibility of public school career
7	7	and technical education programs and to assistance to students
8	8	concerning postsecondary education and training.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 7.009, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 7.009. BEST PRACTICES; CLEARINGHOUSE. (a) In
13	13	coordination with the Legislative Budget Board, the agency shall
14	14	establish an online clearinghouse of information relating to best
15	15	practices of campuses, [and] school districts, and open-enrollment
16	16	charter schools. In addition to information required under
17	17	Subsection (e), the agency shall determine the appropriate topic
18	18	categories for which a campus, district, or charter school may
19	19	submit best [regarding instruction, dropout prevention, public
20	20	school finance, resource allocation, and business] practices. To
21	21	the extent practicable, the agency shall ensure that information
22	22	provided through the online clearinghouse is specific, actionable
23	23	information relating to the best practices of high-performing and
24	24	highly efficient campuses, [and school] districts, and
25	25	open-enrollment charter schools and of academically acceptable
26	26	campuses, districts, and open-enrollment charter schools that have
27	27	demonstrated significant improvement in student achievement rather
28	28	than general guidelines relating to campus, [and school] district,
29	29	and open-enrollment charter school operation. The information must
30	30	be accessible by campuses, school districts, open-enrollment
31	31	charter schools, and interested members of the public.
32	32	(b) The agency shall solicit and collect from the
33	33	Legislative Budget Board, centers for education research
34	34	established under Section 1.005, and [exemplary or recognized]
35	35	school districts, campuses, and open-enrollment charter schools[,
36	36	as rated under Section 39.072,] examples of best practices as
37	37	determined by the agency under Subsection (a) and as required under
38	38	Subsection (e) [relating to instruction, dropout prevention,
39	39	public school finance, resource allocation, and business
40	40	practices, including best practices relating to curriculum, scope
41	41	and sequence, compensation and incentive systems, bilingual
42	42	education and special language programs, compensatory education
43	43	programs, and the effective use of instructional technology,
44	44	including online courses].
45	45	(c) The agency may [shall] contract for the services of one
46	46	or more third-party contractors to [develop, implement, and]
47	47	maintain a system of collecting and evaluating the best practices
48	48	of campuses, [and] school districts, and open-enrollment charter
49	49	schools as provided by this section. In addition to any other
50	50	considerations required by law, the agency must consider an
51	51	applicant's demonstrated competence and qualifications in
52	52	analyzing campus, [and] school district, and open-enrollment
53	53	charter school practices in awarding a contract under this
54	54	subsection.
55	55	(d) The commissioner may purchase from available funds
56	56	curriculum and other instructional tools identified under this
57	57	section to provide for use by school districts and open-enrollment
58	58	charter schools.
59	59	(e) The clearinghouse shall collect and provide information
60	60	relating to best practices in career and technology education,
61	61	including:
62	62	(1) model programs that connect kindergarten through
63	63	grade 12 to postsecondary employment or higher education in a
64	64	seamless system that includes the use of quality internship
65	65	programs;
66	66	(2) courses that teach, in an applied manner, the
67	67	required curriculum under Section 28.002;
68	68	(3) models of course scheduling that allow students to
69	69	participate in a coherent sequence of career and technology courses
70	70	while meeting the requirement adopted under Section 28.025 that
71	71	students complete four courses in each subject of the foundation
72	72	curriculum under Section 28.002(a)(1);
73	73	(4) counseling that:
74	74	(A) assists students in identifying current or
75	75	emerging high-demand, high-wage occupations appropriate for the
76	76	student or other occupations appropriate for and of interest to the
77	77	student;
78	78	(B) assists students in determining the skills
79	79	needed for the occupations identified under Paragraph (A);
80	80	(C) assists students in planning courses and
81	81	schedules to acquire the needed skills;
82	82	(D) connects students to employment
83	83	opportunities and to institutions of higher education;
84	84	(E) provides a method to assess students'
85	85	aptitudes or interests; and
86	86	(F) informs students about career options and
87	87	levels of education and training needed to obtain entry and
88	88	advanced levels of employment in current and emerging occupations
89	89	regionally and statewide; and
90	90	(5) the integration into and use for the career and
91	91	technology education course sequences of:
92	92	(A) Internet courses;
93	93	(B) interactive television; and
94	94	(C) other innovative methods of providing
95	95	instruction.
96	96	(f) This subsection expires January 31, 2011. Not later
97	97	than January 1, 2011, the agency shall report to the governor,
98	98	lieutenant governor, speaker of the house of representatives, and
99	99	chair of each standing committee of the legislature with primary
100	100	jurisdiction over public education recommendations regarding how
101	101	to use the clearinghouse established under this section as a
102	102	dynamic technical assistance and support tool. The recommendations
103	103	must include recommendations regarding:
104	104	(1) using the clearinghouse to provide classroom
105	105	teachers, school districts, and open-enrollment charter schools
106	106	with statewide access to high-quality curricula;
107	107	(2) consolidating access to similar state Internet web
108	108	portals from a single Internet website; and
109	109	(3) providing students access to Internet-based
110	110	academic and career counseling that includes cooperation among the
111	111	relevant state agencies for the purpose of transitioning students,
112	112	including students enrolled in a special education program under
113	113	Subchapter A, Chapter 29, from kindergarten through grade 12 to
114	114	higher education and postsecondary employment.
115	115	SECTION 2. Section 28.002, Education Code, is amended by
116	116	adding Subsection (d) to read as follows:
117	117	(d) Each time the Texas Higher Education Coordinating Board
118	118	revises the Internet database of the coordinating board's official
119	119	statewide inventory of workforce education courses, the State Board
120	120	of Education shall by rule revise the essential knowledge and
121	121	skills of any corresponding career and technology education
122	122	curriculum as provided by Subsection (c).
123	123	SECTION 3. Subchapter F, Chapter 29, Education Code, is
124	124	amended by adding Section 29.186 to read as follows:
125	125	Sec. 29.186. HIGH-DEMAND OCCUPATIONS LIST. (a) The Texas
126	126	Workforce Commission shall develop, in consultation with the Texas
127	127	Workforce Investment Council, a list of current or emerging
128	128	high-demand, high-wage, high-skill occupations in this state that
129	129	require licensure, certification, an associate degree, or a
130	130	bachelor's degree. The Texas Workforce Commission shall provide
131	131	the research and technical support for developing the list under
132	132	this subsection.
133	133	(b) The Texas Workforce Investment Council shall consider
134	134	the list developed under Subsection (a) and approve a list for
135	135	submission to the commissioner. On approval of the list, the Texas
136	136	Workforce Investment Council shall deliver the list to the
137	137	commissioner.
138	138	(c) The commissioner of education, after consultation with
139	139	the commissioner of higher education, shall consider the list
140	140	delivered under Subsection (b) and approve a final list of current
141	141	or emerging high-demand, high-wage, high-skill occupations in this
142	142	state that require licensure, certification, an associate degree,
143	143	or a bachelor's degree.
144	144	(d) The list of current or emerging high-demand, high-wage,
145	145	high-skill occupations in this state that require licensure,
146	146	certification, an associate degree, or a bachelor's degree shall be
147	147	reviewed and approved under the process provided by this section
148	148	every four years.
149	149	SECTION 4. Subsections (a) and (c), Section 29.190,
150	150	Education Code, are amended to read as follows:
151	151	(a) A student is entitled to a subsidy under this section
152	152	if:
153	153	(1) the student:
154	154	(A) [(1)] successfully completes the career and
155	155	technology program of a school district in which the student
156	156	receives training and instruction for employment in a current or
157	157	emerging high-demand, high-wage, high-skill [certain trade or]
158	158	occupation, as determined under Section 29.186; or
159	159	(B) is enrolled in a special education program
160	160	under Subchapter A;
161	161	(2) the student passes a certification examination to
162	162	qualify for a license or certificate for the [trade or] occupation;
163	163	and
164	164	(3) the student submits to the district a written
165	165	application in the form, time, and manner required by the district
166	166	for the district to subsidize the cost of an examination described
167	167	by Subdivision (2) [demonstrates financial need].
168	168	(c) On approval by the commissioner, the agency shall pay
169	169	each school district [eligible student] an amount equal to the cost
170	170	paid by the district or student for the certification examination.
171	171	To obtain reimbursement for a subsidy paid under this section, a
172	172	district [student] must:
173	173	(1) pay the fee for the examination or pay the student
174	174	the amount of the fee paid by the student for the examination; and
175	175	(2) submit to the commissioner a written application
176	176	on a form prescribed by the commissioner stating [demonstrating
177	177	financial need and] the amount of the fee paid under Subdivision (1)
178	178	[by the student] for the certification examination.
179	179	SECTION 5. Subchapter A, Chapter 33, Education Code, is
180	180	amended by adding Section 33.008 to read as follows:
181	181	Sec. 33.008. COUNSELING REGARDING COLLEGE AND CAREER
182	182	READINESS AND POSTSECONDARY SUCCESS. (a) Each counselor at an
183	183	elementary or middle or junior high school, including an
184	184	open-enrollment charter school offering those grades, shall advise
185	185	students and their parents or guardians regarding:
186	186	(1) the importance of higher education;
187	187	(2) coursework designed to prepare students for
188	188	postsecondary education and training, including career and
189	189	technology education;
190	190	(3) the opportunity while in high school to earn
191	191	college credit and industry certification; and
192	192	(4) financial aid availability and requirements.
193	193	(b) The information under Subsection (a) shall be provided
194	194	in a manner that assists a student in establishing a personal
195	195	graduation plan that leads to licensure, certification, an
196	196	associate degree, or a bachelor's degree.
197	197	(c) During the first school year a student is enrolled in a
198	198	high school or at the high school level in an open-enrollment
199	199	charter school, a counselor shall provide to students and their
200	200	parents or guardians information regarding higher education and
201	201	coursework designed to prepare students for postsecondary
202	202	education and training, including career and technology education,
203	203	as part of any information provided to assist a student in
204	204	establishing a personal graduation plan that leads to licensure,
205	205	certification, an associate degree, or a bachelor's degree.
206	206	(d) The career and technology education information
207	207	provided under this section must include information regarding:
208	208	(1) available course and career options, including
209	209	projected future demand for particular careers;
210	210	(2) current or emerging high-demand, high-wage,
211	211	high-skill occupations;
212	212	(3) information concerning career options and levels
213	213	of education and training needed to obtain entry and advanced
214	214	levels of employment;
215	215	(4) certification requirements, licensing
216	216	requirements, and higher education and training requirements,
217	217	including skills needed and coursework required to meet those
218	218	requirements;
219	219	(5) the opportunity while in high school to earn
220	220	college credit and industry certification;
221	221	(6) obtaining an aptitude or interest assessment; and
222	222	(7) the advantages of completing the recommended or
223	223	advanced high school program adopted under Section 28.025(a).
224	224	SECTION 6. Subsection (a), Section 42.154, Education Code,
225	225	is amended to read as follows:
226	226	(a) For each full-time equivalent student in average daily
227	227	attendance in an approved career and technology education program
228	228	in grades nine through 12 or in career and technology education
229	229	programs for students with disabilities in grades seven through 12,
230	230	a district is entitled to:
231	231	(1) an annual allotment equal to the adjusted basic
232	232	allotment multiplied by a weight of 1.35; and
233	233	(2) $50, if the student is enrolled in:
234	234	(A) two or more advanced career and technology
235	235	education classes for a total of three or more credits; or
236	236	(B) an advanced course as part of a tech-prep
237	237	program under Subchapter T, Chapter 61.
238	238	SECTION 7. Subsection (a), Section 54.0065, Education Code,
239	239	is amended to read as follows:
240	240	(a) A qualified student is eligible for a rebate of a
241	241	portion of the undergraduate tuition the student has paid if the
242	242	student:
243	243	(1) is awarded a baccalaureate degree from a general
244	244	academic teaching institution within the period prescribed by
245	245	Section 56.462(1)(A) or (B), as applicable, to qualify for
246	246	forgiveness of a Texas B-On-time loan; and
247	247	(2) has attempted no more than three hours in excess of
248	248	the minimum number of semester credit hours required to complete
249	249	the degree program:
250	250	(A) including:
251	251	(i) transfer credits; and
252	252	(ii) course credit earned exclusively by
253	253	examination, except that, for purposes of this subsection, only the
254	254	number of semester credit hours earned exclusively by examination
255	255	in excess of nine semester credit hours is treated as hours
256	256	attempted; and
257	257	(B) excluding course credit that is earned to
258	258	satisfy requirements for a Reserve Officers' Training Corps (ROTC)
259	259	program or from an articulated or dual credit course for which the
260	260	student received credit toward a high school diploma but that is not
261	261	required to complete the degree program.
262	262	SECTION 8. Subsection (d), Section 61.0595, Education Code,
263	263	is amended to read as follows:
264	264	(d) The following are not counted for purposes of
265	265	determining whether the student has previously earned the number of
266	266	semester credit hours specified by Subsection (a):
267	267	(1) semester credit hours earned by the student before
268	268	receiving a baccalaureate degree that has previously been awarded
269	269	to the student;
270	270	(2) semester credit hours earned by the student by
271	271	examination or under any other procedure by which credit is earned
272	272	without registering for a course for which tuition is charged;
273	273	(3) credit for a remedial education course, a
274	274	technical course, a workforce education course funded according to
275	275	contact hours, an articulated or dual credit course for which the
276	276	student received credit toward a high school diploma, or another
277	277	course that does not count toward the student's specific [a] degree
278	278	program [at the institution]; and
279	279	(4) semester credit hours earned by the student at a
280	280	private institution or an out-of-state institution.
281	281	SECTION 9. Subchapter C, Chapter 61, Education Code, is
282	282	amended by adding Section 61.0663 to read as follows:
283	283	Sec. 61.0663. ECONOMIC IMPACT STUDY. (a) To assess the
284	284	economic benefits and preparation for employment provided by public
285	285	primary and secondary schools and institutions of higher education,
286	286	the board shall identify students enrolled in the public education
287	287	system and collect data on which postsecondary program, if any, the
288	288	students enroll in and the type of employment the students obtain
289	289	following completion of high school or the program, as applicable.
290	290	(b) The board, in consultation with the Texas Education
291	291	Agency, the Texas Workforce Commission, and the comptroller, shall
292	292	use the education and employment data collected under Subsection
293	293	(a), and any additional relevant data, to assess the economic
294	294	impact of secondary and postsecondary training and education. The
295	295	information must be produced in a manner that:
296	296	(1) demonstrates patterns of postsecondary enrollment
297	297	and employment placement;
298	298	(2) provides an assessment of the economic benefits of
299	299	institutions of higher education and programs at those institutions
300	300	to students and the state; and
301	301	(3) provides an assessment of the economic benefit of
302	302	public education programs that prepare students who transition
303	303	directly to postsecondary employment.
304	304	(c) The information produced under this section must be
305	305	capable of electronic dissemination and made available to the
306	306	public in a format that assists students in making decisions
307	307	regarding education and career choices.
308	308	(d) This section does not authorize the disclosure of
309	309	student information that may not be disclosed under the Family
310	310	Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
311	311	1232g). The board, in conjunction with the commissioner of
312	312	education, the comptroller, and the Texas Workforce Commission,
313	313	shall adopt rules to protect the confidentiality of student
314	314	information.
315	315	SECTION 10. Section 61.0762, Education Code, is amended to
316	316	read as follows:
317	317	Sec. 61.0762. PROGRAMS TO ENHANCE STUDENT SUCCESS. (a) To
318	318	implement the college readiness and success strategic action plan
319	319	adopted under Section 61.0761 and to enhance the success of
320	320	students at institutions of higher education, the board by rule
321	321	shall develop:
322	322	(1) summer higher education bridge programs in the
323	323	subject areas of mathematics, science, and English language arts;
324	324	(2) incentive programs for institutions of higher
325	325	education that implement research-based, innovative developmental
326	326	education initiatives;
327	327	(3) financial assistance programs for educationally
328	328	disadvantaged students, as defined by Section 5.001, who take
329	329	college entrance and college readiness assessment instruments;
330	330	(4) professional development programs for faculty of
331	331	institutions of higher education on college readiness standards and
332	332	the implications of such standards on instruction; and
333	333	(5) other programs as determined by the board that
334	334	support the participation and success goals in "Closing the Gaps,"
335	335	the state's master plan for higher education.
336	336	(b) As one of the programs adopted under Subsection (a)(5),
337	337	the board, in coordination with the commissioner of education,
338	338	shall establish education resource centers to create within school
339	339	communities interest in and information concerning attendance at
340	340	institutions of higher education. Each center must attempt to
341	341	coordinate among students, parents, school counselors, and
342	342	institutions of higher education in providing access to resources
343	343	helpful in preparation for attendance at and admission to
344	344	institutions of higher education. One or more persons associated
345	345	with each center shall be trained and able to assist the families of
346	346	high school students to complete the Free Application for Federal
347	347	Student Aid (FAFSA) form. Each center shall provide information
348	348	concerning career and technical education, including certification
349	349	and licensing requirements and available course and career options
350	350	and degree programs. A center under this subsection may be located
351	351	on a high school or middle school campus or at a site within a
352	352	community that is conveniently located to many students, such as a
353	353	public library or local workforce or community center, or may be a
354	354	mobile center that visits schools or other places where students
355	355	are likely to gather.
356	356	(c) The board shall conduct ongoing evaluations of programs
357	357	developed under Subsection (a) and any other programs developed to
358	358	provide information concerning postsecondary educational or
359	359	employment opportunities to determine the effectiveness of the
360	360	programs in meeting the goals of "Closing the Gaps," the state's
361	361	master plan for higher education.
362	362	(d) In conjunction with the comptroller and the Texas
363	363	Workforce Commission, the board shall develop an Internet website
364	364	for the purpose of providing information to the public about
365	365	postsecondary educational and employment opportunities. The
366	366	website shall provide information in English and Spanish
367	367	concerning:
368	368	(1) career and technical education programs that
369	369	integrate academic, technical, and career skills that lead to a
370	370	license, certificate, or postsecondary degree;
371	371	(2) available employment opportunities and the
372	372	educational requirements needed for employment at entry and
373	373	advanced levels;
374	374	(3) which occupations are considered high-demand or
375	375	emerging under Section 29.186;
376	376	(4) the skills needed and the available avenues for
377	377	obtaining employment in a high-demand or emerging occupation; and
378	378	(5) how to obtain financial aid and what forms of
379	379	financial aid are available to students entering certain
380	380	occupations.
381	381	(e) For the purpose of developing the Internet website under
382	382	Subsection (d), the board may require the Texas Education Agency to
383	383	provide information on educational programs and outcomes and the
384	384	Texas Workforce Commission to provide information on workforce
385	385	programs and outcomes.
386	386	(f) As one of the programs adopted under Subsection (a)(5),
387	387	the board, in conjunction with the comptroller and the Texas
388	388	Workforce Commission, shall establish mobile career centers that
389	389	visit schools or other places where students are likely to gather.
390	390	The mobile career centers shall provide students information on
391	391	various occupations, including:
392	392	(1) the potential future employment demand for the
393	393	occupation;
394	394	(2) the earning potential for a person employed in the
395	395	occupation;
396	396	(3) the skills and training needed for employment in
397	397	the occupation;
398	398	(4) a list of courses applicable to the occupation,
399	399	including courses offered in high school, for dual credit, on the
400	400	Internet, and at institutions of higher education, and the extent
401	401	to which those courses are available to the student; and
402	402	(5) information concerning post-entry-level
403	403	employment opportunities in the occupation and, to the extent
404	404	feasible, information concerning the education required to access
405	405	those future opportunities.
406	406	(g) The mobile career centers established under Subsection
407	407	(f):
408	408	(1) shall be operated, to the extent practicable, in
409	409	coordination with one or more other governmental entities providing
410	410	mobile programs; and
411	411	(2) may be funded only with private gifts, grants, or
412	412	donations.
413	413	SECTION 11. Subchapter C, Chapter 61, Education Code, is
414	414	amended by adding Section 61.0764 to read as follows:
415	415	Sec. 61.0764. ADULT BASIC EDUCATION PILOT PROGRAM. (a) In
416	416	this section, "pilot program" means the adult basic education pilot
417	417	program established under this section.
418	418	(b) Using funds appropriated for the purpose, the board by
419	419	rule shall establish a pilot program under which participating
420	420	junior college districts and public technical institutes receive
421	421	funding to establish adult education programs that focus on:
422	422	(1) the provision of developmental education to
423	423	support the transition from high school to college or a career; and
424	424	(2) dropout recovery.
425	425	(c) To participate in the pilot program, a junior college
426	426	district or public technical institute must apply to the board in
427	427	the manner prescribed by the board. The application must include a
428	428	detailed plan developed by the junior college district or public
429	429	technical institute for the district's or institute's adult
430	430	education program. The board may select for participation in the
431	431	pilot program those junior college districts and public technical
432	432	institutes whose plans serve the purposes of the pilot program as
433	433	determined by the board.
434	434	(d) The board may adopt rules necessary to administer this
435	435	section.
436	436	SECTION 12. Subtitle G, Title 3, Education Code, is amended
437	437	by adding Chapter 134 to read as follows:
438	438	CHAPTER 134. JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM
439	439	Sec. 134.001. DEFINITIONS. In this subchapter, "public
440	440	junior college" and "public technical institute" have the meanings
441	441	assigned by Section 61.003.
442	442	Sec. 134.002. JOBS AND EDUCATION FOR TEXANS (JET) FUND.
443	443	(a) The comptroller shall establish and administer the Jobs and
444	444	Education for Texans (JET) fund as a dedicated account in the
445	445	general revenue fund.
446	446	(b) The following amounts shall be deposited in the fund:
447	447	(1) any amounts appropriated by the legislature for
448	448	the fund for purposes of this subchapter;
449	449	(2) interest earned on the investment of money in the
450	450	fund; and
451	451	(3) gifts, grants, and other donations received for
452	452	the fund.
453	453	Sec. 134.003. ADVISORY BOARD. (a) An advisory board of
454	454	education and workforce stakeholders is created to assist the
455	455	comptroller in administering this chapter.
456	456	(b) The advisory board is composed of seven members who
457	457	serve two-year terms and are appointed as follows:
458	458	(1) one member appointed by the governor;
459	459	(2) one member appointed by the lieutenant governor;
460	460	(3) one member appointed by the speaker of the house of
461	461	representatives;
462	462	(4) one member appointed by the Texas Higher Education
463	463	Coordinating Board;
464	464	(5) one member appointed by the Texas Workforce
465	465	Commission;
466	466	(6) one member of the public appointed by the
467	467	comptroller; and
468	468	(7) the comptroller, who serves as the chairperson.
469	469	(c) The advisory board shall meet at least once each quarter
470	470	to review received applications and recommend awarding grants under
471	471	this subchapter.
472	472	Sec. 134.004. JOBS AND EDUCATION FOR TEXANS (JET) GRANT
473	473	PROGRAM. The comptroller shall establish and administer the Jobs
474	474	and Education for Texans (JET) Grant Program to provide grants to
475	475	public junior colleges, public technical institutes, and eligible
476	476	nonprofit organizations that apply to the advisory board in the
477	477	manner prescribed by the advisory board. The comptroller shall
478	478	award the grants on the advice and recommendations of the advisory
479	479	board. Grants may be awarded under this subchapter from the JET
480	480	fund for the following purposes:
481	481	(1) to expand and support programs that meet the
482	482	requirements of Section 134.005 and that prepare low-income
483	483	students for careers in high-demand occupations;
484	484	(2) to defray the startup costs associated with the
485	485	development of new career and technical education programs that
486	486	meet the requirements of Section 134.006; and
487	487	(3) to provide scholarships for students in career and
488	488	technical education programs who meet the requirements of Section
489	489	134.007.
490	490	Sec. 134.005. GRANTS TO NONPROFIT ORGANIZATIONS FOR
491	491	INNOVATIVE AND SUCCESSFUL PROGRAMS. (a) The comptroller may award
492	492	a grant to a nonprofit organization eligible under Subsection (b)
493	493	for the development, support, or expansion of programs to prepare
494	494	low-income students for careers in high-demand occupations.
495	495	(b) To be eligible to receive a grant under this section, a
496	496	nonprofit organization must:
497	497	(1) provide a program to offer assistance to
498	498	low-income students in preparing for, applying to, and enrolling in
499	499	a public junior college or public technical institute;
500	500	(2) be governed by a board or other governing
501	501	structure that includes recognized leaders of broad-based
502	502	community organizations and members of the local business
503	503	community;
504	504	(3) demonstrate to the satisfaction of the advisory
505	505	board that the organization's program has achieved or will achieve
506	506	the following measures of success among program participants, to
507	507	the extent applicable to the type of program the organization
508	508	provides:
509	509	(A) above average completion of developmental
510	510	education among participating public junior college or public
511	511	technical institute students;
512	512	(B) above average persistence rates among
513	513	participating public junior college or public technical institute
514	514	students;
515	515	(C) above average certificate or degree
516	516	completion rates by participating students within a three-year
517	517	period compared to demographically comparable public junior
518	518	college and public technical institute students; and
519	519	(D) employment of participating students at an
520	520	average full-time starting wage that is equal to or greater than the
521	521	prevailing wage for the occupation entered; and
522	522	(4) provide matching funds in accordance with rules
523	523	adopted under Section 134.008.
524	524	(c) The matching funds required under Subsection (b)(4) may
525	525	be obtained from any source available to the nonprofit
526	526	organization, including in-kind contributions, community or
527	527	foundation grants, individual contributions, and local
528	528	governmental agency operating funds.
529	529	(d) Grants awarded under this section must be awarded in a
530	530	manner that takes a balanced geographical distribution into
531	531	consideration.
532	532	Sec. 134.006. GRANTS TO EDUCATIONAL INSTITUTIONS FOR CAREER
533	533	AND TECHNICAL EDUCATION PROGRAMS. (a) The comptroller may award a
534	534	grant for the development of new career and technical education
535	535	courses or programs at public junior colleges and public technical
536	536	institutes.
537	537	(b) A grant received under this section may be used only:
538	538	(1) to support courses or programs that prepare
539	539	students for career employment in occupations that are identified
540	540	by local businesses as being in high demand;
541	541	(2) to finance initial costs of career and technical
542	542	education course or program development, including the costs of
543	543	constructing or renovating facilities, purchasing equipment, and
544	544	other expenses associated with the development of a new course; and
545	545	(3) to finance a career and technical education course
546	546	or program that leads to a license, certificate, or postsecondary
547	547	degree.
548	548	(c) In awarding a grant under this section, the comptroller
549	549	shall primarily consider the potential economic returns to the
550	550	state from the development of the career and technical education
551	551	course or program, and may consider whether the course or program is
552	552	part of a new, emerging industry or high-demand occupation.
553	553	(d) To be eligible to receive a grant under this section, a
554	554	public junior college or public technical institute must provide
555	555	matching funds in accordance with rules adopted under Section
556	556	134.008. The matching funds may be obtained from any source
557	557	available to the college, including in-kind contributions,
558	558	industry consortia, community or foundation grants, individual
559	559	contributions, and local governmental agency operating funds.
560	560	Sec. 134.007. SCHOLARSHIPS. (a) The comptroller may award
561	561	a scholarship to a public junior college or public technical
562	562	institute student.
563	563	(b) To be eligible to receive a scholarship under this
564	564	section, a student must:
565	565	(1) demonstrate financial need; and
566	566	(2) be enrolled in a training program for a
567	567	high-demand occupation, as determined by the comptroller on the
568	568	recommendation of the advisory board.
569	569	Sec. 134.008. RULES. The comptroller shall adopt rules as
570	570	necessary for the administration of this chapter.
571	571	SECTION 13. Subsection (b), Section 29.190, Education Code,
572	572	is repealed.
573	573	SECTION 14. The change in law made by this Act to Subsection
574	574	(a), Section 54.0065, Education Code, applies to a tuition rebate
575	575	regardless of the date a student enters a general academic teaching
576	576	institution as a first-time freshman.
577	577	SECTION 15. The change in law made by this Act to Subsection
578	578	(d), Section 61.0595, Education Code, applies beginning with the
579	579	funding recommendations made under Section 61.059, Education Code,
580	580	for the 2011-2012 academic year.
581	581	SECTION 16. The Texas Higher Education Coordinating Board
582	582	shall adopt the rules required by Section 61.0764, Education Code,
583	583	as added by this Act, as soon as practicable after this Act takes
584	584	effect. For that purpose, the coordinating board may adopt the
585	585	initial rules in the manner provided by law for emergency rules.
586	586	SECTION 17. Sections 4, 5, and 6 of this Act apply beginning
587	587	with the 2009-2010 school year.
588	588	SECTION 18. This Act does not make an appropriation. This
589	589	Act takes effect only if a specific appropriation for the
590	590	implementation of the Act is provided in a general appropriations
591	591	act of the 81st Legislature.
592	592	SECTION 19. Except as provided by Section 18 of this Act,
593	593	this Act takes effect immediately if it receives a vote of
594	594	two-thirds of all the members elected to each house, as provided by
595	595	Section 39, Article III, Texas Constitution. If this Act does not
596	596	receive the vote necessary for immediate effect, this Act takes
597	597	effect September 1, 2009, except as provided by Section 18 of this
598	598	Act.